Common use of Member Nonrecourse Deductions Clause in Contracts

Member Nonrecourse Deductions. If there are any “partner nonrecourse deductions” (within the meaning of Treasury Regulation Section 1.704-2(i)(1)) in a fiscal year, then such deductions shall be allocated to the Member that bears the economic risk of loss for the “partner nonrecourse liability” (within the meaning of Treasury Regulation Section 1.704-2(b)(4)) to which the deductions are attributable.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (American Midstream Partners, LP), Limited Liability Company Agreement, Limited Liability Company Agreement (American Midstream Partners, LP)

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Member Nonrecourse Deductions. If there are any “partner nonrecourse deductions” (within the meaning of Treasury Regulation Section 1.704-2(i)(1)) of the Treasury Regulations) in a fiscal yearan Allocation Year, then such deductions shall will be allocated to the Member that who bears the economic risk of loss for the “partner nonrecourse liability” (within the meaning of Treasury Regulation Section 1.704-2(b)(4)) of the Treasury Regulations) to which the deductions are attributable.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Delek Logistics Partners, LP), Limited Liability Company Agreement, Limited Liability Company Agreement

Member Nonrecourse Deductions. If there are any “partner nonrecourse deductions” (within the meaning of Treasury Regulation Section 1.704-2(i)(1)) of the Regulations) in a fiscal yearFiscal Year, then such deductions shall will be allocated to the Member that who bears the economic risk of loss for the “partner nonrecourse liability” (within the meaning of Treasury Regulation Section 1.704-2(b)(4)) of the Regulations) to which the deductions are attributable.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Federated National Holding Co), Limited Liability Company Agreement (Intrexon Corp), Contribution and Formation Agreement (Cousins Properties Inc)

Member Nonrecourse Deductions. If there are any “Any partner nonrecourse deductions” deductions (within the meaning of as defined in Treasury Regulation Section Regulations §§ 1.704-2(i)(1) and 1.704-2(i)(2)) in a for any fiscal year, then such deductions year shall be specially allocated to the Member that who bears the economic risk of loss for with respect to the partner nonrecourse liability” debt (within the meaning of as defined in Treasury Regulation Section Regulations § 1.704-2(b)(4)) to which the such Member nonrecourse deductions are attributableattributable in accordance with Treasury Regulations § 1.704-2(i)(1).

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Par Petroleum Corp/Co), Limited Liability Company Agreement (Cadiz Inc), Limited Liability Company Agreement (Delta Petroleum Corp/Co)

Member Nonrecourse Deductions. If there are any “partner nonrecourse deductions” (within the meaning of Treasury Regulation Section 1.704-2(i)(1)) of the Treasury Regulations) in a fiscal yearFiscal Year, then such deductions shall will be allocated to the Member that who bears the economic risk of loss for the “partner nonrecourse liability” (within the meaning of Treasury Regulation Section 1.704-2(b)(4)) of the Treasury Regulations) to which the deductions are attributable.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Exco Resources Inc), Limited Liability Company Agreement (Exco Resources Inc)

Member Nonrecourse Deductions. If there are any Any “partner nonrecourse deductions” as defined in Treasury Regulation Section 1.704-2(i) for any Fiscal Year or other period shall be specially allocated to the Member who bears the economic risk of loss (within the meaning of Treasury Regulation Section 1.7041.752-2(i)(1)2) in a fiscal year, then such deductions shall be allocated with respect to the Member that bears the economic risk of loss for the “partner nonrecourse liability” debt (within the meaning of as such term is defined in Treasury Regulation Section 1.704-2(b)(4)) to which the such partner nonrecourse deductions are attributable.attributable in accordance with Treasury Regulation Section 1.704-2(i). ​

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (MMA Capital Holdings, Inc.), Limited Liability Company Operating Agreement (MMA Capital Holdings, Inc.)

Member Nonrecourse Deductions. If there are any Any “partner nonrecourse deductions” (within the meaning of as defined in Treasury Regulation Regulations Section 1.704-2(i)(1)) in a for any fiscal year, then such deductions year or other relevant period shall be specially allocated to the Member that who bears the economic risk of loss for with respect to the “partner nonrecourse liabilitydebt” (within the meaning of as defined in Treasury Regulation Regulations Section 1.704-2(b)(4)) to which the such partner nonrecourse deductions are attributableattributable in accordance with Treasury Regulations Section 1.704-2(i)(1).

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Generation Income Properties, Inc.), Limited Liability Company Agreement (Generation Income Properties, Inc.)

Member Nonrecourse Deductions. If there are any Any “partner nonrecourse deductions” (within the meaning of as defined in Treasury Regulation Section Regulations § 1.704-2(i)(1)) in a fiscal year, then such deductions for any Fiscal Year shall be specially allocated to the Member that who bears the economic risk of loss for with respect to the “partner nonrecourse liabilitydebt” (within the meaning of as defined in Treasury Regulation Section Regulations § 1.704-2(b)(4)) to which the such partner nonrecourse deductions are attributableattributable in accordance with Treasury Regulations §1.704- 2(i)(1).

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Red Lion Hotels CORP), Limited Liability Company Agreement (Red Lion Hotels CORP)

Member Nonrecourse Deductions. If there are any "partner nonrecourse deductions" (within the meaning of Treasury Regulation Section 1.704-2(i)(1)) in a fiscal yearFiscal Year, then such deductions shall will be allocated to the Member that who bears the economic risk of loss for the "partner nonrecourse liability" (within the meaning of Treasury Regulation Section 1.704-2(b)(4)) to which the deductions are attributable.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Arris Group Inc), Limited Liability Company Agreement (Nortel Networks Corp)

Member Nonrecourse Deductions. If there are any “partner nonrecourse deductions” (within the meaning of Treasury Regulation Section 1.704-2(i)(1)) in a fiscal year, then such deductions shall be allocated to the Member that bears the economic risk of loss for the "partner nonrecourse liability" (within the meaning of Treasury Regulation Section 1.704-2(b)(4)) to which the deductions are attributable.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (American Midstream Partners, LP), Contribution Agreement (Southcross Energy Partners, L.P.)

Member Nonrecourse Deductions. If there are any Any Member partner nonrecourse deductions” (within the meaning of as that term is defined in Treasury Regulation Regulations Section 1.704-2(i)(12(i)) in a fiscal year, then such deductions shall for any Allocation Year or other period will be specially allocated to the Member that who bears the economic risk of loss for with respect to the “partner nonrecourse liabilitydebt” (within the meaning of as that term is defined in Treasury Regulation Regulations Section 1.704-2(b)(4)) to which the such Member nonrecourse deductions are attributable, in accordance with Treasury Regulations Section 1.704-2(i)(1).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Exco Resources Inc)

Member Nonrecourse Deductions. If there are any “Any "partner nonrecourse deductions" (within the meaning of as defined in Treasury Regulation Regulations Section 1.704l .704-2(i)(12(i)(l)) in a for any fiscal year, then such deductions year or other relevant period shall be specially allocated to the Member that who bears the economic risk of loss for with respect to the "partner nonrecourse liability” debt" (within the meaning of as defined in Treasury Regulation Regulations Section 1.704-1.704- 2(b)(4)) to which the such partner nonrecourse deductions are attributableattributable in accordance with Treasury Regulations Section 1.704-2(i)(l).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Generation Income Properties, Inc.)

Member Nonrecourse Deductions. If there are any “Any "partner nonrecourse deductions” (within the meaning of deduction," as defined in Treasury Regulation Regulations Section 1.704-2(i)(1)) in a and (2) for any fiscal year, then such deductions shall be specially allocated to the Member that bears or the Members in the ratio in which such Member or the Members bear the economic risk of loss for with respect to the "partner nonrecourse liability” debt" of the Company (within the meaning of as defined in Treasury Regulation Regulations Section 1.704-2(b)(4)) to which the such partner nonrecourse deductions are attributableattributable in accordance with Treasury Regulations Section 1.704-2(i)(1).

Appears in 1 contract

Samples: Operating Agreement

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Member Nonrecourse Deductions. If there are any Any “partner nonrecourse deductions” (within the meaning of Treasury Regulation Section 1.704-2(i)(12(i)(2)) in a fiscal year, then such deductions shall ‎will be allocated ‎‎allocated to the Member that bears the economic risk of loss for the “partner nonrecourse liability” (within the meaning of Member ‎nonrecourse ‎debt to which such deductions relate as provided in Treasury Regulation Section ‎Section 1.704-2(b)(4)) to which the deductions are attributable.2(i)(1).‎

Appears in 1 contract

Samples: Limited Liability Company Agreement (CQENS Technologies Inc.)

Member Nonrecourse Deductions. If there are any Any “partner nonrecourse deductions” as defined in Treasury Regulation Section 1.704-2(i) for any Fiscal Year or other period shall be specially allocated to the Member who bears the economic risk of loss (within the meaning of Treasury Regulation Section 1.7041.752-2(i)(1)2) in a fiscal year, then such deductions shall be allocated with respect to the Member that bears the economic risk of loss for the “partner nonrecourse liability” debt (within the meaning of as such term is defined in Treasury Regulation Section 1.704-2(b)(4)) to which the such partner nonrecourse deductions are attributableattributable in accordance with Treasury Regulation Section 1.704-2(i).

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Mma Capital Management, LLC)

Member Nonrecourse Deductions. If there are any “Any partner nonrecourse deductions” non-recourse deductions (within the meaning of as defined in Treasury Regulation Section Regulations §1.704-2(i)(12(i)(l) and §1.704-2(i)(2)) in a for any fiscal year, then such deductions year shall be specially allocated to the Member that who bears the economic risk of loss for with respect to the partner nonrecourse liability” debt (within the meaning of as defined in Treasury Regulation Section Regulations §1.704-2(b)(4)) to which the such Member nonrecourse deductions are attributableattributable in accordance with Treasury Regulations §l.704-2(i)(l).

Appears in 1 contract

Samples: Limited Liability Company Agreement

Member Nonrecourse Deductions. If there are any “Any partner nonrecourse deductions” deductions (within the meaning of as defined in Treasury Regulation Regulations Section 1.704-2(i)(12(i)(2)) in a fiscal year, then such deductions for each Fiscal Year shall be specially allocated to the Member that who bears the economic risk of loss for with respect to the partner nonrecourse liability” debt (within the meaning of as defined in Treasury Regulation Regulations Section 1.704-2(b)(4)) to which the such partner nonrecourse deductions are attributable.attributable in accordance with Treasury Regulations Section 1.704-2(i); and

Appears in 1 contract

Samples: Limited Liability Company Agreement (Patriot Transportation Holding Inc)

Member Nonrecourse Deductions. If there are any “Any partner nonrecourse deductions” deductions (within the meaning of as defined in Treasury Regulation Regulations Section 1.704-2(i)(11.704 2(i)(2)) in a fiscal year, then such deductions for each Fiscal Year shall be specially allocated to the Member that who bears the economic risk of loss for with respect to the partner nonrecourse liability” debt (within the meaning of as defined in Treasury Regulation Regulations Section 1.704-1.704 2(b)(4)) to which the such partner nonrecourse deductions are attributable.attributable in accordance with Treasury Regulations Section 1.704 2(i); and

Appears in 1 contract

Samples: Limited Liability Company Agreement (Patriot Transportation Holding Inc)

Member Nonrecourse Deductions. If there are any “Any partner nonrecourse deductions” deductions (within as defined according to Treasury Regulation Section 1.704-2(i)) shall be allocated to the meaning Member who bears the economic risk of loss with respect to the Partner Nonrecourse Debt to which such partner nonrecourse deductions are attributable in accordance with Treasury Regulation Section 1.704-2(i)(1)) in a fiscal year, then such deductions shall be allocated to the Member that bears the economic risk of loss for the “partner nonrecourse liability” (within the meaning of Treasury Regulation Section 1.704-2(b)(4)) to which the deductions are attributable.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Centerpoint Properties Trust)

Member Nonrecourse Deductions. If there are any Any “partner nonrecourse deductions” (within the meaning of as defined in Treasury Regulation Regulations Section 1.704-2(i)(12(i)) in a for any fiscal year, then such deductions year or other period shall be allocated to the Member that who bears the economic risk of loss for with respect to the partner nonrecourse liability” (within the meaning of debt to which such partner nonrecourse deductions are attributable in accordance with Treasury Regulation Regulations Section 1.704-2(b)(42(i)) to which the deductions are attributable.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Clean Energy Fuels Corp.)

Member Nonrecourse Deductions. If there are any partner Partner nonrecourse deductions” (within the meaning of as defined in Treasury Regulation Regulations Section 1.704-2(i)(1) and (2)) in a fiscal year, then such deductions for any Fiscal Year or other applicable period shall be specially allocated to the Member that bears the economic risk of loss for the “partner nonrecourse liabilitydebt” (within the meaning of as defined in Treasury Regulation Regulations Section 1.704-2(b)(4)) to in respect of which the deductions such Member Nonrecourse Deductions are attributableattributable (as determined under Treasury Regulations Sections 1.704-2(b)(4) and (i)(1)).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Helios & Matheson Analytics Inc.)

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